Washington Senate Bill Report ESHB 1497 (Feb. 18, 2022)
- Issuer
- Congressional materials
- Document type
- Report
- Date
- 2022-02-22
- Case
- 2022 02 22 A29904 D243580 Bill Report 1497 S E Sba Bfst 22
Summary
A Senate Bill Report on ESHB 1497, an act relating to commercial telephone solicitation, prepared by non-partisan staff of the Senate Committee on Business, Financial Services & Trade as of February 18, 2022. It records that the bill passed the House on 2/10/22 by a vote of 90-5, with committee activity on 2/22/22. The background compares the Telephone Solicitation Act of 1986 and the Commercial Telephone Solicitation Regulation Act of 1989 on scope, identification, call termination, list removal, registration and penalties. The bill summary states that it limits solicitation calls to 8:00 a.m. to 8:00 p.m., requires identification within the first 30 seconds and call termination within 10 seconds, covers non-residential customers, and sets a $1,000 fine for each violation. The five-page report lists no appropriation and states a fiscal note was not requested.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
SENATE BILL REPORT
ESHB 1497
As of February 18, 2022
Title: An act relating to commercial telephone solicitation.
Brief Description: Concerning commercial telephone solicitation.
Sponsors: House Committee on Consumer Protection & Business (originally sponsored by
Representatives Mosbrucker, Chandler, Peterson, Dent, Schmick, Steele, Pollet, Eslick and
Young).
Brief History: Passed House: 2/10/22, 90-5.
Committee Activity: Business, Financial Services & Trade: 2/22/22.
Brief Summary of Bill
• Restricts telephone solicitation to the hours of 8:00 a.m. to 8:00 p.m.
• Requires telephone solicitors to provide identifying information within
the first 30 seconds of a call, and to end the call within 10 seconds of the
called party indicating they want to end the call.
• Requires telephone solicitors requesting a donation or gift of money to
provide a specific list of options to the called party.
• Expands the definition of telephone solicitation to include calls to non-
residential telephone customers.
SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE
Staff: Clinton McCarthy (786-7319)
Background: Telephone solicitation in Washington is primarily regulated by two
overlapping statutes: the Telephone Solicitation Act of 1986 (TSA) and the Commercial
Telephone Solicitation Regulation Act of 1989 (CTSRA). These acts contain both similar
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report -1- ESHB 1497
and distinct provisions.
Scope and Exceptions. Telephone Solicitation Act. The TSA defines "telephone
solicitation" as the unsolicited initiation of a telephone call by a commercial or nonprofit
company or organization to a residential telephone customer and conversation for the
purpose of encouraging a person to purchase property, goods, or services or soliciting
donations of money, property, goods, or services.
Telephone solicitation does not include:
• calls made in response to a request or inquiry by the called party;
• calls made by a not-for-profit organization to its own list of bona fide or active
members of the organization;
• calls limited to polling or soliciting the expression of ideas, opinions, or votes; or
• business-to-business contacts.
The TSA does not cover calls from political parties.
Commercial Telephone Solicitation Regulation Act. The CTSRA defines commercial
telephone solicitation as:
• an unsolicited telephone call to a person initiated by a salesperson, and conversation
for the purpose of inducing the person to purchase or invest in property, goods, or
services;
• other communication with a person where a free gift, award, or prize is offered to a
purchaser who has not previously purchased from the person initiating the
communication; a telephone call response is invited; and the salesperson intends to
complete a sale or enter into an agreement to purchase during the course of the
telephone call; or
• other communication with a person which misrepresents the price, quality, or
availability of property, goods, or services and which invites a response by telephone
or which is followed by a call to the person by a salesperson.
Commercial telephone solicitor means any person who engages in commercial telephone
solicitation, including service bureaus.
The CTSRA exempts a number of specific industries and activities, for example, isolated
solicitations; calls by charities and collection agencies; the sale of certain securities, cable
television, fish, and so on.
Identification Requirements. Telephone Solicitation Act. Within the first 30 seconds of the
call, a person making a telephone solicitation must identify themself; the company or
organization on whose behalf the solicitation is being made; and the purpose of the call.
Commercial Telephone Solicitation Regulation Act. Within the first minute of the call, a
commercial telephone solicitor or salesperson must identify themself; the company on
Senate Bill Report -2- ESHB 1497
whose behalf the solicitation is being made; and the property, goods, or services being sold.
Call Termination. Telephone Solicitation Act. There is no provision for call termination.
Commercial Telephone Solicitation Regulation Act. Within the first minute of the call, a
commercial telephone solicitor or salesperson must terminate the call within 10 seconds if
the purchaser indicates they do not wish to continue the conversation.
List Removal. Telephone Solicitation Act. At any point during the call, if the called party
states or indicates they do not want to be called again or want to have their contact
information removed from the solicitor's telephone lists, the solicitor must not:
• make any additional telephone solicitation of the called party at that telephone
number for at least one year; and
• sell or give the called party's name and telephone number to another company or
organization.
Commercial Telephone Solicitation Regulation Act. At any point during the call, if the
purchaser states or indicates they do not want to be called again or want to have their
contact information removed from the solicitor's telephone lists, the solicitor must not:
• make any additional commercial telephone solicitation of the called party at that
telephone number for at least one year; and
• sell or give the called party's name and telephone number to another commercial
telephone solicitor.
Registration. Telephone Solicitation Act. There is no provision for registration.
Commercial Telephone Solicitation Regulation Act. Commercial telephone solicitors must
register with the Department of Licensing to do business in Washington. Doing business
includes both commercial telephone solicitation from a location in Washington and
solicitation of purchasers located in Washington.
Disciplinary Action. Telephone Solicitation Act. There is no provision for disciplinary
action.
Commercial Telephone Solicitation Regulation Act. The Department of Licensing may take
disciplinary action when a commercial telephone solicitor engages in unprofessional
conduct under the Uniform Regulation of Business and Professions Act, or engages in any
unfair or deceptive commercial telephone solicitation; places calls to a residence that will be
received before 8:00 a.m. or after 9:00 p.m.; or engages in conduct to harass, intimidate, or
torment any person.
Enforcement by the Attorney General. The Attorney General may bring an action to
enforce compliance in both the Telephone Solicitation Act and the Commercial Telephone
Solicitation Regulation Act.
Senate Bill Report -3- ESHB 1497
Fines and Civil Penalties. Telephone Solicitation Act. Violation of the identification and
list removal requirements is punishable by a fine up to $1,000 per violation.
Commercial Telephone Solicitation Regulation Act. A civil penalty of $500 to $2,000 must
be imposed by the court for each violation.
Private Civil Actions. Telephone Solicitation Act. Individuals subject to repeated violations
may bring a civil action to enjoin violations and recover damages, including at least $100
per violation. A prevailing plaintiff is entitled to attorneys’ fees and costs.
Commercial Telephone Solicitation Regulation Act. A person who is injured by a violation
may bring an action for recovery of actual damages, attorneys’ fees, and costs.
A violation is an unfair or deceptive act in trade or commerce for the purposes of the
Consumer Protection Act.
Criminal Prosecution. Telephone Solicitation Act. There is no provision for criminal
prosecution.
Commercial Telephone Solicitation Regulation Act. A knowing violation or the knowing
employment of any device, scheme, or artifice to deceive in connection with an offer or sale
by a commercial telephone solicitor is punishable as a misdemeanor, gross misdemeanor, or
class C felony depending on the value of the transaction.
Solicitation without registration is a misdemeanor.
Summary of Bill: A telephone solicitor is defined as an entity that can be a for profit or a
non-profit company or organization engaged in telephone solicitation.
Definition of a Telephone Solicitor Under the Telephone Solicitation Act. A telephone
solicitor is defined as an entity that can be a for profit or a non-profit company or
organization engaged in telephone solicitation.
Expanding the Definition of a Target for a Telephone Solicitation Under the Telephone
Solicitation Act. The target of a telephone solicitation is expanded from a residential
telephone customer to a person more generally.
Normalizing Statutes between the Commercial Telephone Solicitation Regulation Act and
the Telephone Solicitation Act. CTSRA and the TSA are amended to have the same
following characteristics:
• a telephone solicitor isobligated to identify themself and the organizations they
represent within the first 30 seconds;
• a telephone solicitor must end a phone call within 10 seconds if the called party states
Senate Bill Report -4- ESHB 1497
or indicates they want to end the call;
• a telephone solicitor must promptly implement the recipients statement or indication
that they do not want to be called again or be removed from a solicitation list;
• if a recipient requests removal from a solicitor's list, they must be removed for one
year; and
• a solicitor must not place a solicitation call between 8 p.m. and 8 a.m.
Violations Under the Telephone Solicitation Act. Violations of the call time restrictions or
identification and opt-out, call termination, or list removal requirements are subject to a
$1,000 fine for each violation under the TSA.
Outreach. The Washington State Attorney General is directed to provide and maintain a
web page informing the public of the laws and regulations that pertain to telephone
solicitation.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Senate Bill Report -5- ESHB 1497
File and source
- File
- 2022-02-22_a29904_d243580_bill-report-1497-s-e-sba-bfst-22.pdf
- Size
- 13,307 bytes
- SHA-256
- 92cd73a72b7a55e779c02ece723155ba453ec888de6133f2b027a0f0a1e904c0
- Original
- app.leg.wa.gov